Section 93.145. Reinstatement of administratively suspended attorneys

(a) General rule. Enforcement Rule 219(h) provides that the procedure for reinstatement of an attorney who has been administratively suspended pursuant to § 93.144(b) of these rules for three years or less is as follows:

(1) The formerly admitted attorney shall submit to the Attorney Registration Office the form required by § 93.142(b) along with payment of:

(i) the current annual fee;

(ii) the annual fee that was due in the year in which the attorney was administratively suspended;

(iii) the late payment penalties required by subsection (b) of this section;

(iv) any unpaid collection fee; and

(v) a reinstatement fee of $300.00.

(2) Upon receipt of the annual fee form, a verified statement showing compliance with Enforcement Rule 217 (relating to formerly admitted attorneys), and the payments required by paragraph (a)(1) of this section, the Attorney Registration Office shall so certify to the Board Secretary and to the Supreme Court; and that unless the formerly admitted attorney is subject to another outstanding order of suspension or disbarment or the order has been in effect for more than three years, the filing of the certification from the Attorney Registration Office with the Prothonotary of the Supreme Court shall operate as an order reinstating the person to active status.

(3) Where a check in payment of the fees and late payment penalties has been returned to the Board unpaid, the Attorney Registration Office shall immediately return the attorney to administrative suspension, and the arrears shall not be deemed to have been paid until a collection fee, as established by the Board under § 93.142(b)(2) of these rules, shall also have been paid.

(b) Late payment penalties. Enforcement Rule 219(h)(3) provides that a formerly admitted attorney who is administratively suspended must pay the late payment penalties incurred in the year in which the formerly admitted attorney is transferred to administrative suspension. The amount of the late payment penalties shall be established by the Board annually after giving due regard to such factors as it considers relevant, including the direct and indirect costs incurred by the Board during the preceding year in processing the records of attorneys who fail to timely file the form required by § 93.142(b). On or before July 1 of each year the Office of the Secretary shall publish in the Pennsylvania Bulletin a notice of the late payment penalty established by the Board for the coming registration year.

The provisions of this § 93.145 amended through October 12, 1984, effective October 13, 1984, 14 Pa.B. 3749; amended September 11, 1992, effective with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. 4624; amended August 7, 2009, effective immediately, 39 Pa.B. 4725; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6864. Immediately preceding text appears at serial pages (358113) to (358114).